Proposed amendments to the Standards Bill: B46 of 2007

CLAUSE 5

1. On page 5, in line 50, to omit "(f)" and substitute "(e)"

CLAUSE 6

1. On page 6, in line 1 0, to omit "10" and "13" and substitute "8" and "11" respectively.

CLAUSE 22

1. On page 9, from line 18, to omit all the words from "except' up to and including "Act' in line 20.

CLAUSE 23 and 24

Clauses rejected.

NEW CLAUSES

1. That the following be new clauses:

"SOUTH AFRICAN NATIONAL STANDARDS

Norm for the setting and amending of South African National Standards

23. (1) The SASS must develop and maintain a Norm for the development of South African National Standards.

(2) The Norm contemplated in subsection (1) must-

(a) detail the process for the development and amendment of South African National Standards, which ensures that as far as possible

(i) the latest technological developments are considered;

(ii) the interests of all parties concerned, including manufacturers, suppliers and consumers, are considered;

(iii) that such South African National Standards are harmonised with international standards, if applicable; and

(iv) there has been an appropriate national consensus-building process in developing such South African National Standards; and

(b) contain an appeal procedure for resolving disputes and deadlocks.

Issuing of South African National Standards

24. (1) The SASS must, by notice in the Gazette-

(a) set and issue as a South African National Standard, a standard developed through its own processes and issue amendments to such a standard;

(b) approve and issue as a South African National Standard, a standard developed and set by a recognised standards development organisation and issue amendments to such a standard; or

(c) withdraw any South African National Standard issued in terms of paragraph (a) or (b);

(2) The notice contemplated in subsection (1) must-

(a) state the title and number of the South African National Standard; and

(b) contain a summary of the scope and purport of that South African National Standard or the amendment thereof.

(3) In setting, issuing, approving and amending a South African National Standard in terms of subsection (1) the SASS must ensure as far as possible that the processes detailed in the Norm contemplated in section 23( 1) is complied with.

(4) A South African National Standard set and issued in terms of subsection (1) may be based on one or more provisions of standards issued by a foreign or international body having objects similar to those of the SASS.

(5) The SASS may develop, issue, amend or withdraw normative and informative documents other than South African National Standards. (6) The documents issued in terms of subsection (5) do not have the status of South African National Standards.

(7) Subject to the provisions of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990), or the Liquor Products Act, 1989 (Act No. 60 of 1989), no person may issue a document which creates or may create the impression that it contains a South African National Standard as contemplated in this Act, unless it is issued in terms of this Act.

(8) A South African National Standard in respect of a commodity, product or service to which the Agricultural Product Standards Act, 1990, or the Liquor Products Act, 1989, apply, may be set or amended in accordance with the terms and conditions of an agreement entered into by the Board and the Director-General of the department responsible for Agriculture".

CLAUSE 26

1. On page 10, in line 38, after "own" to insert "personal".

NEW CLAUSE

1. That the following be a new clause:

"Incorporation of South African National Standards in laws

(1) A South African National Standard, or any provision thereof, in respect of any commodity, product or service which may affect public safety, health, or environmental protection that has been published in terms of this Act may be incorporated in any law.

(2) The South African National Standard, or any provision thereof, contemplated in subsection (1) may be incorporated by referring to-

(a) the title and the number;

(b) the title, the number and the year or edition number.

(3) If the South African National Standard, or any provision thereof, contemplated-

(a) in subsection (2)(a) is subsequently amended such amended South African National Standard, or any provision thereof, is deemed to be incorporated;

(b) in subsection (2(b) is subsequently amended such amended South African National Standard, or any provision thereof, is not deemed to be incorporated.

(4) Any South African National Standard,!. or any provision thereof, incorporated in terms of section 2(a) or (b) or 3(a) may be withdrawn ".